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Commercial Arbitration Act 2017
27FCircumstances in which confidential information may be
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27F Circumstances in which confidential information may be
disclosed
(1) This section sets out the circumstances in which confidential
information in relation to arbitral proceedings may be disclosed by—
(a) a party; or
(b) an arbitral tribunal.
(2) The information may be disclosed with the consent of all the parties
to the arbitral proceedings.
(3) The information may be disclosed to a professional or other adviser
of any of the parties.
(4) The information may be disclosed if it is necessary to ensure that a
party has a reasonable opportunity to present the party’s case and the
disclosure is no more than reasonable for that purpose.
(5) The information may be disclosed if it is necessary for the
establishment or protection of a party’s legal rights in relation to a
third-party and the disclosure is no more than reasonable for that
purpose.
(6) The information may be disclosed if it is necessary for the purpose of
enforcing an arbitral award and the disclosure is no more than
reasonable for that purpose.
Conduct of arbitral proceedings Part 5
Section 27G
R3
02/07/19
Commercial Arbitration Act 2017
Effective: 02/07/19
page 41
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(7) The information may be disclosed if it is necessary for this Act and
the disclosure is no more than reasonable for that purpose.
(8) The information may be disclosed if the disclosure is in accordance
with an order made or a subpoena issued by a court.
(9) The information may be disclosed if the disclosure is authorised or
required by a relevant law or required by a competent regulatory
body, and the person making the disclosure gives written details of
the disclosure (including an explanation of the reasons for the
disclosure) to—
(a) if the person is a party—the other parties and the arbitral
tribunal; and
(b) if the arbitral tribunal is making the disclosure—all the parties.
(10) In this section:
relevant law means—
(a) a law of the Territory (other than this Act); and
(b) a law of the Commonwealth; and
(c) a law of a State or another Territory.
Note There is no equivalent to this section in the Model Law.